..... of the household.5. now, that brings me to the first point that has been taken by counsel for the appellants, which is that under the ancienthindulaw just as a concubine had to be a resident of the household, so on the death of her lord, she was only entitled to food and ..... entitled to maintenance because although she was a concubine of the deceased testator, yet she did not live with him in his house, which under the ancienthindu text law was an essential condition. accordingly, the appeal was allowed and mr. justice kanga's order was discharged.4. the lady in her turn appealed to ..... permitted, we must adapt the old text to modern circumstances. accordingly i think it fair to take, and i propose to take 'subsistence' under the ancienthindu text as the appropriate test for what this lady should be allowed. but this subsistence or maintenance must in my judgment include residence in the present case ..... month was put forward as an appropriate amount for the court to allow.6. that argument is based, so far as the hindu text is concerned, on the mitakshara passage from stokes' hindulaw, page 485, paragraph 27, part of which runs :-heirless property,' or wealth which is without an heir to succeed to it ..... reversed the decision of the appellate court and restored the order of mr. justice kanga. in the course of the judgment they pointed out that those hindu texts as to the alleged necessity for the concubine to be a resident of the man's house dated from days when the concubine was a slave .....

..... appears to us wholly insufficient to justify this court in putting on one side the ordinary rule of inheritance under hindulaw. the alleged custom is not proved by cogent evidence or by well authenticated and ancient instances, nor is it in all respects specific and definite.7. the plaintiff in argument sought to support his ..... to the family of the original donors of the stridhanam.2. now it is essential in a case where a custom is pleaded in derogation of hindulaw that that custom should be clearly defined and proved; so that, given the facts of the case, there will be no vagueness or obscurity as ..... that that stridhanam reverts to the parents even when the woman has had a female issue and that female issue herself dies without issue. under ordinary hindulaw a female issue would on the death of the mother inherit her stridhanam holding a limited interest therein, and on her own death without issue it ..... .1. the question for decison in this appeal is whether the plaintiff has proved the caste custom set up by him in derogation of the hindulaw of inheritance. the plaintiff is of nattukottai chetti caste. it is a custom in that caste, when the daughter of a house is married, ..... granted a custom that where the woman dies issueless the inheritance would go to her parents. hindulaw would avail to send that inheritance in the same track when she has a daughter who dies issueless because under hindulaw that daughter will not be a full owner. but obviously such an argument is untenable. the .....

..... of his sense of responsibility in spite of his insanity at the time when he committed the murder. i find it difficult to answer that question and from the case-law it appears that unless one can answer that question in the affirmative there should be a conviction for the offence.' all the assessors were of the opinion that the accused ..... that he was by reason of that unsoundness of mind incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law.' in other words, he was satisfied that the accused was 'medically' insane and insane in the ordinary vulgar acceptation of the term, but he was not satisfied that the accused ..... circumstances on the material date when he killed his wife, that he was not at the time capable of knowing that what he was doing was wrong and contrary to law. we, therefore, allowing the appeal hold that ramnath did kill his wife, but is entitled to the benefit of section 84 of the indian penal code.6. we, therefore, direct .....

..... of his sense of responsibility in spite of his insanity at the time when ho committed the murder. i find it difficult to answer that question and from the case law it appears that unless one can answer that question in the affirmative there should be a conviction for the offence.7. all the assessors were of the opinion that the ..... that he was by mason of that unsoundness of mind incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law.8. in other words, he was satisfied that the accused was 'medically' insane and insane in the ordinary vulgar acceptation of the term, but he was not satisfied that the ..... circumstances on the material date when he killed his wife, that he was not at the time capable of knowing that what he was doing was wrong and contrary to law. we, therefore, allowing the appeal hold that ramnath did kill his wife, but is entitled to the benefit of section 84, i.p.c.9. we, therefore, direct that he .....

..... may but is not bound to make, merely because of the alleged age of the document. the difficulty, on the other hand, of proving execution of ancient documents and the reasons in favour of such presumptions where small doubt exists as to their genuineness are set forth in cases such as govinda hazra v. protap ..... , which may be years before, as in that case. on the other hand, in the absence of documentary evidence, difficult to procure in the case of ancient tenancy, it is not enough if the landlord proves that the tenancy, notwithstanding its long duration, commenced at a definite date, meaning thereby hot the day, month ..... narain mukhopadhya i.l.r.(1902) cal. 740. the law on the point has been laid down by their lordships of the privy council in shafiq-un-nissa v. shaban ali khan i.l.r.(1904) all, ..... 8. the applicability of section 90 of the indian evidence act in regard to these documents and particularly in regard to exhibit 80 has been discussed. the law is laid down in cases such as uggrakant chowdhry v. hurro chunder shickdar i.l.r.(1880) cal. 209 regarding the caution to be exercised in ..... under the letters patent.2. the question of permanent tenancy, though it is to be decided on facts, is a legal inference from facts and therefore a question of law, which it is open to consider in second appeal: dhanna mal v. moti sagar : (1927)29bomlr870 and rama v. abdul rahim : air1921bom395 .3. the .....

..... the alienation is impeached on the usual ground that it was not warranted by such legal necessity as justifies a mortgage by a widow under the hindulaw. defendant 4 has been impleaded as he attested the mortgage-deed, probably, in token of the same having been executed under justifying circumstances. the plaintiffs ..... theory and remembering the special character of these communities. succession in these cases, it would seem reasonable, should be regulated by the ordinary rules of hindulaw as in the case of hissedars.'in the case of upan deo v. bachi singh of thala manral, malta salt (order of 18th july 1892 ..... cases in kumaun based their judgments on the equities of each case as it arose and, in many instances,, their decisions were not strictly according to hindulaw, see for example, cases of daughter, nephew and even adopted son, noted by mr. pauw at p. 46 of his report. they are so ..... accordingly made.6. it may be stated at once that the first plea does not relate to any family or local custom modifying the ordinary hindulaw to which the parties are subject in matters of inheritance but refers to a peculiar incident of the khaikari tenure which, according to the defendants' ..... of khaekar dying without a lineal male descendant and widow or (2) of evidence of usage ancient, uninterrupted, uniform and certain, of exclusion of collaterals, such as is considered sufficient in law to override the ordinary law to which the parties may be subject. i have already pointed out that the rule of .....

..... sheoparsan singh v. ramnandan singh :-.in view of the arguments addressed to them their lordships desire to emphasize that the rule of res judicata, while founded on ancient precedent, is dictated by a wisdom -which is for all time. ' it has been well said/declared lord coke, 'interest reipublicae ut sit finis litium, ..... of the rule by the courts in india should be influenced by no technical considerations of form, but by mutter of substance within the limits allowed by law.8. for these reasons their lordships have no hesitation in holding that the conclusion arrived at by the high court was right.9. it has been ..... traced to an english source, it embodies a doctrine in no way opposed to the spirit of the law as expounded by the hindu commentators. vijnanesvara and nilakantha include the plea of a former judgment among those allowed by law, each citing for this purpose the text of katyayana, who describes the plea thus : ' if a ..... , as some of them had been to the high court from whom this appeal is brought. that court pointed out the fallibility, in the matter of law, of many of those cases, as already demonstrated by decisions of this board. it appears to their lordships worth while to repeat what was said by ..... not upon 3. 13, act x of 1877' (now replaced by section 11 of the code of civil procedure, 1908), ' but upon general principles of law. if it were not binding there would be no end to litigation.' this decision, and the authority of the very words used by sir barnes peacock, are .....

..... p. 98 (of 43 ia.). "in view of the arguments addressed to them, their lordships desire to emphasise that the rule of res judicata, while founded on ancient precedent, is dictated by a wisdom which is for all time. "it has been well said," declared, lord coke, "interest reipublicae ut sit fints litium-otherwise, ..... of the rule by the courts in india should be influenced by no technical considerations of form, but by matter of substance within the limits allowed by law." for these reasons their lordships have no hesitation in holding that the conclusion arrived at by the high court was right. it has been suggested, however ..... traced to an english source, it embodies a doctrine in no way opposed to the spirit of the law as expounded by the hindu commentators, vijnanesvara and nilakantha include the plea of a former judgment among those allowed by law, each citing for this purpose the text of katyayana, who describes the plea thus : "if a ..... , as some of them had been to the high court from whom this appeal is brought. that court pointed out the fallibility, in the matter of law, of many of those oases, as already demonstrated by decisions of this board. it appears to their lordships worthwhile to repeat what was said by sir ..... present depends not upon s. 18 of act 10 of 1877" (now replaced by s. 11, civil p. c., 1908): "but upon general principles of law. if it were not binding there would be no end to litigation." this decision, and the authority of the very words used by sir barnes pea-cook, .....

..... ruzu-khata against anant, father of the defendants-appellants, minors, and his brother hari, the latter being impleaded on the v. ground that he was a member of a joint hindu family along with anant. subsequently, on hari' s special oath, the claim against hari was given up and a decree was passed against anant alone. after the decree the respondent ..... be said that such an application itself is 'such that either the decree-holder is not in law entitled to make it or the court to dispose of it? confining myself to the case of a hindu father alleged to be a member of a joint hindu family with his sons, it is, in my opinion, difficult to hold that such an application .....

..... view would mean in effect that the presumption was that the donor intended his gift to have an effect different from the effect ordained by hindulaw; because every hindu may be supposed to know that a daughter, for example, takes an absolute estate in such circumstances. the judgment, properly understood, seems ..... was necessary to consider whether the language used raised the estate from qualified to absolute. where the estate conveyed would without such words be, under hindulaw, an absolute one, the view to which i can discover no objection, either on general principles or on recourse to the authorities, is ..... upon her.12. here we have clearly expressed the principle which i suggested at the start is indisputable, that a woman gets the estate which hindulaw confers upon her unless there; are words to restrict or amplify it. odgers and jackson, jj., have in illapavuluri chelapati rao v. patchi golla ..... council judgment in musammat sasiman chowdhurain v. shib narayan chowdhury before considering them, it will, i think, save some confusion if the relevant provisions of hindulaw are borne in mind. the cases fall into two classes, according as they are gifts or bequests to (1) a wife, and (2) ..... the execution by a person legally competent to execute the document.5. this i think agrees with the statement of the law in taylor (vol. i, section 87) that ancient wills and deeds are said to prove themselves, their bare production from natural custody being sufficient. to hold otherwise would be .....